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DEVIL'S STAIRCASE300-503-0003

INVESTIGATION REPORT

Investigation into VicForests' Compliance with Leadbeater's Possum (Gymnobelideus leadbeateri) Habitat Management Prescriptions

AbstractVicForests scheduled and now active logging coupe 300-503-0003 was investigated to determine planning and operational compliance with the relevant instruments of the regulatory framework designed to provide minimum protection for the habitat of the endangered Leadbeater's Possum (LBP). The instruments assessed for compliance were the Central Highlands Forest Management Plan's Leadbeater's Possum Managaement Prescriptions and The Flora and Fauna Guarantee Act 1988 Action Statement for Leadbeater's Possum #062.

The present investigation was undertaken in the context of an ongoing Victorian Supreme Court case, MyEnvironment Inc. v VicForest, whose judgment is currently in an appeal process. The subject matter is a debate over the very criteria to be used to asses forest planning and operational compliance with the LBP's management prescriptions. In addition, it is understood that the regulatory instruments themselves are to be reviewed and updated and may themselves be altered. As such, the results of this report are presented so as to be interpreted under various possible scenarios concerning the debated interpretations of and/or reviews of the relevant assessment criteria.

This investigation concludes that VicForests have not complied with the relevant legislation and have breached their obligations under both the Central Highlands Forest Management Plan and the Flora and Fauna Guarantee Act (FFGA). The criteria for assessment used, methodology employed and the results of the investigation are detailed below.

Surveyor/AuthorAndrew LincolnFauna and Flora Research Collective Inc.

Date of Investigations 25/11/2012; 26/11/12; 28/11/12; 09/12/12

Date of report 12/12/2012

Location detailsWithin and adjacent to VicForests scheduled and active logging coupe 300-503-0003 near Devil's Staircase Road in the Toolangi State Forest.

Figure A. Detail from: "Approved TRP Map (with all amendments applied) Central FMA, Toolangi, (2011 - 2016)", VicForests, October 2012

* Investigation location at center of image.

Method Zone 1A 1

Hollow bearing trees ("HBT's") are the basis for the management prescriptions designed to provide some protection for the actual or potential habitat required by the Leadbeater's Possum. This investigation considers all HBT's (trees that contain hollows/cavities) encountered within the survey site that were of the species Eucalyptus regnans and likely to be considered as at least in the “mature” growth stage.2 The minimum size of tree containing hollows recorded in this investigation was a Eucalyptus regnans (Mountain Ash) having a Diameter at Breast Height ("DBH") of 1.43m. No trees smaller than 0.50m DBH were considered. The minimum height of the tree, whether it was dead or alive was 6.00m. All height measurements were estimates and records made were of minimum height estimations for each tree.

Each eucalyptus tree encountered was first inspected for the presence of hollows using binoculars; estimated to be greater than 6.00m in height; measured at 1.30m above ground level around the trunk of the tree using a tape measure in order to measure the circumference and corresponding DBH measurement for each tree in order to ascertain that the tree under inspection was greater than 0.50m DBH. Every tree meeting these requirements was given a unique ID corresponding to the study site; assigned a "Waypoint" using a "Garmin GPSMAP 62s" GPS at an accuracy minimum of 10m+/- in the position format GDA 94,UTM UPS; inspected to determine its species; assessed as to the "form" of the tree corresponding to the methodology for "classification of forms of hollow-bearing trees" of Lindenmayer et. al. 19913; analysed as to the form of the hollows present on the tree; assesed against the “tree growth stages” schema of Jacobs (1955); the decorticating bark attached to the tree; the adjacent vegetation providing connectivity with the tree; marked with "flagging tape" containing its unique ID; and finally photographed at its base and upper branches. All of these details were noted and recorded on site.

Investigations at the site begun along the “coupe access road” that has now been cleared into the area of forest comprising the scheduled coupe. From this point the forest was searched for HBT's following the methodology described above. As each HBT was inspected and recorded the forest was searched for further HBT's and advanced towards with the above process repeated for each. By noting the topographic and other site characteristics, compass bearing and GPS "waypoint" proximity data, the area delineated in the "Study Location" section of this report was investigated in this manner until all potential HBT's were investigated and recorded.

Once the above process was completed the HBT location data recorded on site was later imputed into the "Garmin" GPS mapping program. Each HBT record was assessed against the varying criteria generative of management prescriptions under either the Central Highlands Forest Management Plan or the FFGA Action Statement #062 for the Leadbeater's Possum.

Data from each HBT were imputed into separate spreadsheets depending on their relevance for meeting each of the management prescriptions, and the tables and corresponding maps presented in the results section of this report were generated.

1 Zone 1B investigations were not considered for this report.2 Jacobs M. R., Growth Habits of the Eucalypts, Forestry and Timber Bureau, 1955. *See footnote 12 to this report.3 Lindenmayer, D. B., et. al.,"Characteristics of hollow-bearing trees occupied by arboreal marsupials in the montane

ash forests of the Central Highlands of Victoria, south-east Australia", Forest Ecology and Management, Elsevier Science Publishers, Amsterdam, 1991, v40, p. 292

Method (continued)"First criterion for inclusion" used in this report:Flora and Fauna Guarantee Act - Action Statement for Leadbeater's Possum #062

4

4 Flora and Fauna Guarantee Action Statement, Leadbeater's Possum, Gymnobelideus leadbeateri #062, Department of Sustainability and Environment, Melbourne, 2003, p. 5-6

Method (continued)"Second criterion for inclusion" used in this report:Central Highlands Forest Management Plan - Leadbeater's Possum Mangaement Prescriptions

5

5 Forest Management Plan for the Central Highlands, Department of Natural Resources and Environment, 1998, p21-23

Results 1All HBT's recorded within the study locationIn total there were 32 HBT's recorded within the study location. NB: HBT #DSSTAG001 is the only dead HBT recorded in this investigation.

Table 1. All Hollow Bearing Trees (dead and alive) recorded during survey [Part1]. All co-ordinates in GDA 94/UTM UPS.

#SEE ATTACHED APPENDIX A FOR HBT PHOTOGRAPHS

Species DBH

DS001 9 1 40 6.30 2.01 Basal f ire scars/hollow s Mature 181


DS003 9 1 40 6.91 2.20 Major Scars Mature 198

DS004 9 1 40 5.10 1.62 Basal f ire scars/hollow s Irregular crow n Mature 147

DS005 8 1 30 4.60 1.46 Irregular crow n 132

DS006 7 1 40 4.92 1.57 Basal f ire scars/hollow s N/A Mature 142

DS007 7 1 40 6.45 2.05 N/A Mature 185

DS008 9 1 40 6.05 1.93 Irregular crow n Mature 174


DS010 9 1 40 4.60 1.46 Basal f ire scars/hollow s N/A 132







HBT Tree

ID/ Way- Point

Location/GPS Co-ordinates

GPS +/ -

Form

Hei- ght est.

Circum ference

at 1.3m

Hollow s Type/ Description

Further inform ation recorded

Ashton (1975) Age

Class Determination

Ashton (1976) AGE SUM

log(y) = 1.02

log(x)Jacobs (1955)

55 H 374073 5846588 E. regnans

Multiple leading stems, Irregular crow n

≥ J4 (Mature Older)

55 H 374067 5846595 E. regnans


≥ J3 (Mature

Younger)

55 H 374080 5846629 E. regnans

Hollow spouts, Basal f ire scars/hollow s

≥ J3 (Mature

Younger)

55 H 374016 5846605 E. regnans

≥ J3 (Mature

Younger)55 H 373936

5846482 E. regnansHollow spouts, Basal f ire

scars/hollow sNot

MatureJ3 (Mature Younger)

55 H 373879 5846550 E. regnans

J3 (Mature Younger)

55 H 373879 5846568 E. regnans


≥ J3 (Mature

Younger)

55 H 373895 5846455 E. regnans

Basal f ire scars/hollow s*30cm

≥ J3 (Mature

Younger)

55 H 373938 5846447 E. regnans

Fissures, Hollow spouts, Basal f ire scars/hollow s

≥ J3 (Mature

Younger)

55 H 373950 5846437 E. regnans

Not Mature

J3 (Mature Younger)

55 H 373977 5846438 E. regnans


≥ J3 (Mature

Younger)

55 H 373833 5846518 E. regnans

≥ J3 (Mature

Younger)

55 H 373810 5846489 E. regnans

≥ J3 (Mature

Younger)

55 H 373885 5846622 E. regnans



55 H 373906 5846581 E. regnans

Basal f ire scars/hollow s*Just

Not Mature

≥ J3 (Mature

Younger)

55 H 374060 5846600 E. regnans


Not Mature

≥ J3 (Mature

Younger)

Results 1 (continued)All HBT's recorded within the study locationIn total there were 32 HBT's recorded within the study location. NB: HBT #DSSTAG001 is the only dead HBT recorded in this investigation.

Table 1. All Hollow Bearing Trees (dead and alive) recorded during survey [Part2]. All co-ordinates in GDA 94/UTM UPS.

Species DBH

DS017 9 1 40 4.50 1.43 Hollow spouts 130

DS018 7 1 40 6.23 1.98 Hollow spouts Irregular crow n Mature 179

DS019 9 1 40 4.95 1.58 Irregular crow n * Just Mature 143

DS020 9 1 40 4.60 1.46 Basal f ire scars/hollow s Irregular crow n 132

DS021 7 1 30 4.67 1.49 Basal f ire scars/hollow s 135











6 ? 7 12 8.4 2.67 LBP Key Hole Fissures N/A N/A 239 Dead

HBT Tree

ID/ Way- Point


GPS +/ -

Form

Hei- ght est.

Circum ference

at 1.3m


Further information recorded

Ashton (1975) Age

Class Determination


log(y) = 1.02

log(x)Jacobs (1955)

55 H 374110 5846632 E. regnans

Multiple leading stems, Low branching, Irregular

crow nNot

MatureJ3 (Mature Younger)

55 H 374072 5846475 E. regnans

≥ J3 (Mature

Younger)

55 H 373964 5846630 E. regnans

Basal f ire scars/hollow s*30cm

≥ J3 (Mature

Younger)

55 H 373945 5846646 E. regnans

Not Mature

J3 (Mature Younger)

55 H 373862 5846502 E. regnans


Not Mature

J3 (Mature Younger)

55 H 373813 5846497 E. regnans


Not Mature

≥ J3 (Mature

Younger)

55 H 373929 5846349 E. regnans

≥ J3 (Mature

Younger)

55 H 373994 5846395 E. regnans

≥ J3 (Mature

Younger)

55 H 374036 5846393 E. regnans

≥ J3 (Mature

Younger)

55 H 374039 5846423 E. regnans


≥ J3 (Mature

Younger)

55 H 374061 5846432 E. regnans

≥ J3 (Mature

Younger)

55 H 374079 5846516 E. regnans


≥ J3 (Mature

Younger)

55 H 374089 5846528 E. regnans


≥ J3 (Mature

Younger)

55 H 374052 5846511 E. regnans

≥ J3 (Mature

Younger)

55 H 374186 5846703 E. regnans

≥ J3 (Mature

Younger)

DS STAG

0155 H 373962

5846514

Results 1 (continued)Figure 1 (a - b). - All 32 Hollow Bearing Trees recorded during survey, as listed in Table 1. are displayed on the following map.- Each HBT is represented by a “Tree” symbol and is positioned and labeled according to its unique HBT ID and GPS location as displayed in the preceding Table 1. - The total area contained within the measured “yellow line” is 7.75ha representing a HBT density of 4 per hectare for 31 (living) trees included in the polygon generation. - The “red polygon” delineates the area scheduled as coupe 300-503-0003.- The “brown” line shows the location of the coupe access road now constructed. Trees have been felled along either side of this road.- The “pink line” are a portion of VicForests coupe demarcation tapes indicating that the forest will be cleared up to this line (i.e. from the direction of the coupe access road).- Figure 1(a) displays this data as generated in the Garmin mapping program.- Figure 1(b) displays this data as overlayed on satellite imagery and shows the study area of forest including the now cleared coupe access road.

Figure 1 (a).

Figure 1 (b).

Species DBH












DS018 7 1 40 6.23 1.98 Hollow spouts Irregular crow n Mature 179







DS027 9 ? 1 30 4.74 1.51 Basal f ire scars/hollow s Irregular crow n Mature 137





HBT Tree

ID/ Way- Point


GPS +/ -

Form

Hei- ght est.

Circum ference

at 1.3m



Ashton (1975) Age

Class Determination


log(y) = 1.02

log(x)Jacobs (1955)

55 H 374073 5846588 E. regnans



55 H 374067 5846595 E. regnans


≥ J3 (Mature

Younger)

55 H 374080 5846629 E. regnans


≥ J3 (Mature

Younger)

55 H 374016 5846605 E. regnans

≥ J3 (Mature

Younger)

55 H 373879 5846568 E. regnans


≥ J3 (Mature

Younger)

55 H 373938 5846447 E. regnans


≥ J3 (Mature

Younger)

55 H 373977 5846438 E. regnans


≥ J3 (Mature

Younger)

55 H 373833 5846518 E. regnans

≥ J3 (Mature

Younger)

55 H 373810 5846489 E. regnans

≥ J3 (Mature

Younger)

55 H 373885 5846622 E. regnans



55 H 374060 5846600 E. regnans


Not Mature

≥ J3 (Mature

Younger)

55 H 374072 5846475 E. regnans

≥ J3 (Mature

Younger)

55 H 373862 5846502 E. regnans


Not Mature

≥ J3 (Mature

Younger)

55 H 373813 5846497 E. regnans


Not Mature

≥ J3 (Mature

Younger)

55 H 373929 5846349 E. regnans

≥ J3 (Mature

Younger)

55 H 373994 5846395 E. regnans

≥ J3 (Mature

Younger)

55 H 374036 5846393 E. regnans

≥ J3 (Mature

Younger)

55 H 374039 5846423 E. regnans


≥ J3 (Mature

Younger)

55 H 374061 5846432

≥ J3 (Mature

Younger)

55 H 374079 5846516 E. regnans


≥ J3 (Mature

Younger)

55 H 374089 5846528 E. regnans


≥ J3 (Mature

Younger)

55 H 374052 5846511 E. regnans

≥ J3 (Mature

Younger)

55 H 374186 5846703 E. regnans

≥ J3 (Mature

Younger)

Results 223 Living Eucalyptus regnans HBT's recorded within the study locationTable 2. 23 Living Eucalytpus regnans Hollow Bearing Trees recorded during survey. All co-ordinates in GDA 94/UTM UPS.

Results 2 (continued)Figure 2 (a - b). - All 23 Hollow Bearing Trees listed in Table 2. are displayed on the following map.- Each HBT is represented by a “Tree” symbol and is positioned and labeled according to its unique HBT ID and GPS location as displayed in the preceding Table 2. - The total area contained within the measured “yellow line” is 5.75ha representing a HBT density of 4 per hectare for 23 (living) trees included in the polygon generation. - The “red polygon” delineates the area scheduled as coupe 300-503-0003.- The “brown” line shows the location of the coupe access road now constructed. Trees have been felled along either side of this road.- The “pink line” are a portion of VicForests coupe demarcation tapes indicating that the forest will be cleared up to this line (i.e. from the direction of the coupe access road).- Figure 2(a) displays this data as generated in the Garmin mapping program.- Figure 2(b) displays this data as overlayed on satellite imagery and shows the study area of forest including the now cleared coupe access road.

Figure 2 (a).

Figure 2(b).

Results 313 living Eucalyptus regnans HBT's recorded within the study location.

Table 3. 13 Living Eucalytpus regnans Hollow Bearing Trees recorded during survey. All co-ordinates in GDA 94/UTM UPS.

Species DBH

DS001 9 E. regnans 1 40 6.30 2.01 Basal f ire scars/hollow s Mature 181


DS003 9 E. regnans 1 40 6.91 2.20 Major Scars Mature 198

DS004 9 E. regnans 1 40 5.10 1.62 Basal f ire scars/hollow s Irregular crow n Mature 147

DS009 6 E. regnans 1 40 6.10 1.94 Irregular crow n Mature 175


DS018 7 E. regnans 1 40 6.23 1.98 Hollow spouts Irregular crow n Mature 179








HBT Tree

ID/ Way- Point


GPS +/ -

Form

Hei- ght est.

Circum ference

at 1.3m



Ashton (1975) Age

Class Determination


log(y) = 1.02

log(x)Jacobs (1955)

55 H 374073 5846588



55 H 374067 5846595


≥ J3 (Mature

Younger)

55 H 374080 5846629


≥ J3 (Mature

Younger)

55 H 374016 5846605

≥ J3 (Mature

Younger)

55 H 373938 5846447


≥ J3 (Mature

Younger)

55 H 373977 5846438


≥ J3 (Mature

Younger)

55 H 374072 5846475

≥ J3 (Mature

Younger)

55 H 373929 5846349

≥ J3 (Mature

Younger)

55 H 373994 5846395

≥ J3 (Mature

Younger)

55 H 374039 5846423


≥ J3 (Mature

Younger)

55 H 374079 5846516


≥ J3 (Mature

Younger)

55 H 374089 5846528


≥ J3 (Mature

Younger)

55 H 374052 5846511

≥ J3 (Mature

Younger)

DS STAG

0155 H 373962

5846514

Results 3 (continued)Figure 3 (a - b). - All 13 Hollow Bearing Trees as listed in Table 3. are displayed on the following map.- Each HBT is represented by a “Tree” symbol and is positioned and labeled according to its unique HBT ID and GPS location as displayed in the preceding Table 3. - The total area contained within the measured “yellow line” is 3.1ha representing a HBT density of 4.19 per hectare for 13 (living) trees included in the polygon generation. - The “red polygon” delineates the area scheduled as coupe 300-503-0003.- The “brown” line shows the location of the coupe access road now constructed. Trees have been felled along either side of this road.- The “pink line” are a portion of VicForests coupe demarcation tapes indicating that the forest will be cleared up to this line (i.e. from the direction of the coupe access road).- Figure 3(a) displays this data as generated in the Garmin mapping program.- Figure 3(b) displays this data as overlayed on satellite imagery and shows the study area of forest including the now cleared coupe access road.

Figure 3(a).

Figure 3(b).

Results 413 living Eucalyptus regnans HBT's recorded within the study location.

Table 4. 13 Living Eucalytpus regnans Hollow Bearing Trees recorded during survey. All co-ordinates in GDA 94/UTM UPS.

Species DBH















HBT Tree

ID/ Way- Point


GPS +/ -

Form

Hei- ght est.

Circum ference

at 1.3m



Ashton (1975) Age

Class Determination


log(y) = 1.02

log(x)Jacobs (1955)

55 H 374073 5846588 E. regnans



55 H 374067 5846595 E. regnans


≥ J3 (Mature

Younger)

55 H 374080 5846629 E. regnans


≥ J3 (Mature

Younger)

55 H 374016 5846605 E. regnans

≥ J3 (Mature

Younger)

55 H 373938 5846447 E. regnans


≥ J3 (Mature

Younger)

55 H 373977 5846438 E. regnans


≥ J3 (Mature

Younger)

55 H 373833 5846518 E. regnans

≥ J3 (Mature

Younger)

55 H 373929 5846349 E. regnans

≥ J3 (Mature

Younger)

55 H 373994 5846395 E. regnans

≥ J3 (Mature

Younger)

55 H 374039 5846423 E. regnans


≥ J3 (Mature

Younger)

55 H 374079 5846516 E. regnans


≥ J3 (Mature

Younger)

55 H 374089 5846528 E. regnans


≥ J3 (Mature

Younger)

55 H 374052 5846511 E. regnans

≥ J3 (Mature

Younger)

DS STAG

0155 H 373962

5846514

Results 4 (continued)Figure 4 (a - b). - All 13 Hollow Bearing Trees as listed in Table 4. are displayed on the following map.- Each HBT is represented by a “Tree” symbol and is positioned and labeled according to its unique HBT ID and GPS location as displayed in the preceding Table 4. - The total area contained within the measured “yellow line” is 3.1ha representing a HBT density of 4.19 per hectare for 13 (living) trees included in the polygon generation. - The “red polygon” delineates the area scheduled as coupe 300-503-0003.- The “brown” line shows the location of the coupe access road now constructed. Trees have been felled along either side of this road.- The “pink line” are a portion of VicForests coupe demarcation tapes indicating that the forest will be cleared up to this line (i.e. from the direction of the coupe access road).- Figure 4(a) displays this data as generated in the Garmin mapping program.- Figure 4(b) displays this data as overlayed on satellite imagery and shows the study area of forest including the now cleared coupe access road.

Figure 4(a).

Figure 4(b).

DiscussionResults 1Flora and Fauna Guarantee Act - Action Statement for Leadbeater's Possum #062ZONE 1AThe first dot point for FFGA Zone 1A classification

The "First criterion for inclusion" followed in this investigation requires that; "mature ash forest (>120 years old) and mixed aged ash forest where the oldest age class is mature (>120 years old)" be protected form logging by its inclusion in "Zone 1A Special Protection Zones" ("Zone 1A SPZ").

Additional criterion; "the minimum area for assessment and establishment of Zone 1A type forest shall be 3 hectares."

- The data presented in Table 1. and Figure 1. indicate that the forest type within the area under investigation is mixed aged ash-eucalypt forest.

- Within the 7.75 hectare area presented in Figure 1. there are 31 HBT's of varying size ranging from a Eucalyptus regnans indivdual at 1.43m DBH to a Eucalyptus regnans indivdual at 2.20m DBH and includes both living and dead as well as younger and older HBT's.

- In Justice Osborne's Judgment in MyEnvironment Inc. vs VicForests in the Victorian Supreme Court 14 March 2012 His Honour at Paragraph 117 refers to "Smith and Lindenmayer, ‘Tree Hollow Requirements of Leadbeater’s Possum and Other Possums and Gliders in Timber Production Ash Forests of the Victorian Central Highlands’ (1988)"6 and in particular its reference to the "Ashton (1976)"7 publication of Eucalyptus regnans tree age as determined by DBH measurements accompanied by its corresponding caution:

8

- In 1975 Ashton, D. H. published the following table indicating a correlation between DBH measurements and age classification:

9

6 Smith and Lindenmayer, ‘Tree Hollow Requirements of Leadbeater’s Possum and Other Possums and Gliders in Timber Production Ash Forests of the Victorian Central Highlands’ (1988) 15 Australian Wildlife Research 347.

7 Ashton, D. H., "The Development of Even-aged Stands of Eucalyptus regnans F. Muell in Central Victoria", Australian Journal of Botany, 1976, 24, 397-414

8 ibid., p. 4029 Ashton, D. H., "The Root and Shoot Development of Eucalyptus regnans F. Muell", Australian Journal of Botany,

1975, 23, p. 868

- If the "criterion for inclusion" under consideration here is for "mixed aged ash forest where the oldest age class is mature (>120 years old)" then it must be considered whether the oldest age class within the study location is ">120 years old".

- Of the 31 HBT's recorded at the study location 23 of these had a DBH greater than 1.5m and 3 of these with a DBH greater than 2.00m.

- According to Ashton (1975) Eucalyptus regnans trees with a DBH between 1.50m and 2.50m are considered to be "Mature" and between 100 - 300 years old.

- 23 recorded HBT's under investigation are "Mature" and within the age-class "100 - 300 years".

- Using the equation indicating a relationship between DBH and age given in Ashton (1976), “logy = 1.02 logx” where “y” is the DBH (cm) and “x” the age in years10 the minimum age of trees considered under this criterion given a DBH of 1.43m is 130 years.

- The oldest age class in this forest type is thus "mature (>120 years old)" and exists in an area greater than 3 hectares.

- The study location indicated in Figure 1. and all possible polygons generated from the data in Table 1. must be included in the SPZ under this criterion.

The second dot point for FFGA Zone 1A classificationThe "Second criterion for inclusion" followed in this investigation requires that; "regrowth ash forest with at least 12 live hollow bearing trees per 3 ha" be protected form logging by its inclusion in "Zone 1A Special Protection Zones" ("Zone 1A SPZ").

Additional criterion; "the minimum area for assessment and establishment of Zone 1A type forest shall be 3 hectares."

- The data presented in Table 1. and in its corresponding Figure 1. within the “yellow polygon” displays an area of forest of 7.75 hectares present in and adjacent to the subject scheduled coupe and contains 31 living HBT's.

- 31 living HBT's over 7.75 hectares equates to a living HBT density 4 living-HBT's/ha which is that which is required under the present criterion (12 living-HBT's/3ha equating to 4 living-HBT's/ha).

- At least 12 live hollow bearing trees per 3 ha exist within the study location for this criterion.

- The area indicated in Figure 1. and all possible polygons >3ha generated from the data in Table 1. (excluding HBT - DSSTAG001) must be included in the SPZ under this criterion.

10 Ashton, D. H., "The Development of Even-aged Stands of Eucalyptus regnans F. Muell in Central Victoria", Australian Journal of Botany, 1976, 24, 397-414, p. 402

Results 1 and 2Central Highlands Forest Management Plan - Leadbeater's Possum Management Prescriptions

CH FMP ZONE 1A interpretationThe "Third criterion for inclusion" followed in this investigation requires that; ">12 Living trees of the species Mountain Ash, Alpine Ash or Shining Gum containing hollows per 3 ha in patches greater than 3 ha" be protected form logging by its inclusion in "Zone 1A Special Protection Zones" ("Zone 1A SPZ").

Additional criterion; considered in this investigation is that each of the HBT's considered under this "Third criterion for inclusion" be "mature and/or senescent".

- The data presented in Table 1. and Table 2. and their corresponding Figures 1a and 1b. and 2a. and 2b. display areas of forest of 7.75 and 5.75 hectares respectively (the “yellow polygons”) that contains 31 and 23 living HBT's of the species Eucalyptus regnans respectively within and/or adjacent to the scheduled and active logging coupe under consideration in this report.

- 31 living Eucalyptus regnans HBT's over 7.75 hectares and 23 living Eucalyptus regnans HBT's over 5.75 hectares equate to respective densities of 4 living-Eucalyptus regnans-HBT's/ha which is that which is required under the present criterion (>12 living-Eucalyptus regnans-HBT's/3ha equating to 4 living-Eucalyptus regnans-HBT's/ha).

- As already explained in the "discussion section" of this report, Ashton (1975) and (1976) considers, with precaution, trees of DBH ≥ 1.50m to be "Mature".

- 23 of the 31 living-Eucalyptus regnans-HBT's in Results 1. have DBH measurements ≥ 1.50m indicating that they are “mature”.

- 20 of the 23 living-Eucalyptus regnans-HBT's in Results 2. have DBH measurements ≥ 1.50m indicating that they are “mature”.

- The remaining living-Eucalyptus regnans-HBT's included in each of the Results 1. and Results 2. sections of this report which are less than 1.50m DBH (to a minimum of 1.43m DBH) are addressed as follows:

- In Justice Osborne's Judgment in MyEnvironment Inc. vs VicForests in the Victorian Supreme Court 14 March 2012 His Honour at Paragraph 246 addresses the complicated nature of characterising and identifying both "maturity" and "senescence":

246 It was submitted on behalf of MyEnvironment that the terms ‘mature’ and ‘senescing’ were so uncertain as to be meaningless. Whilst I accept that the evidence shows that a mature tree might be over 100 years old or might only be 90 years old, I do not accept this submission. It is apparent that the terms ‘mature’ and ‘senescing’ have a meaning well understood by foresters, which accords with that articulated by Jacobs in the 1955 publication to which the FMP itself refers.11 Further, they are terms deliberately adopted in the earlier section of the FMP which utilises them for the classification of forest stages. Mr Ryan reproduced in evidence Jacob’s classification. The classification is based upon the form of the crown of the tree assessed. He explained that the illustration was originally prepared with respect to Blackbutt eucalyptus pilularis. I accept that the terms are capable of ready practical application on the ground.

- Osborne J acknowledges that trees younger than those in the age class "100-300years" designated by Ashton (1975) may be "mature" due to varying interpretations of "maturity" but that given the LBP habitat prescriptions are designed not for scientists but for foresters a general interpretation of

11 Mr Spencer’s evidence is that in practice VicForests applies this standard conservatively and treats the standard as being met where there are 10 mature or senescing trees per 3 hectares.

maturity based on an even more subjective view of each HBT's "crown form" was favoured.

- All of the 31 living-Eucalyptus regnans-HBT's recorded were assessed against the schemtaic diagram of Jacobs (1955) and were found to conform to at least the third stage (“J3”) which aims to represent “Mature (younger)” trees. See the following diagram:

- All of the 31 living-Eucalyptus regnans-HBT's recorded are thus classified as “mature'' (See Table 1. and Table 2. “Further information recorded” sections and Appendix A HBT photogrpahs for further detail).

- An alternative interpretation of "maturity" could simply be the ability to reproduce sexually which would be readily identifiable by the presence of flowers, buds or fruit or an understating of the growth stage and/or age class when Eucalyptus trees become sexually mature.

- All HBT's recorded in the course of this investigation had reached the stage of sexual maturity.

- I. R. Ball et. al. in "A tree hollow dynamics simulation model"12 considers the questions of "maturity" and "senescing" with again another interpretation.

- This paper defines any tree characterised as "Form 1" ("mature living tree with hollows")13 or above as "senescing" due to development in its degree of decay. "Form 0" in this report is the only growth stage that classifies trees as neither mature nor senescing. "Form 0" trees do not contain hollows. By implication all HBT's of any age class or DBH are prima facie considered to be both "mature and/or senescing".

- All HBT's recorded in the course of this investigation are of "Form 1" or a greater form of senescence and under this interpretation are "mature and/or senescing".

- In addition Ball et. al. reiterate precaution in the use of DBH measurements as an indicator of age class by stipulating that the sum published by Ashton (1976) (and republished in this report as "Y =

12 I.R. Ball et al., "A tree hollow dynamics simulation model", Forest Ecology and Management 123 (1999) 179-19413 ibid. p. 182

X1.02", where Y is the DBH and X the age in years) relates to the age class "before decay begins".14

- Using this equation, "Y = X1.02", where Y is the DBH(cm) and X the age in years” 15, the minimum age of trees considered under this criterion given a DBH of 1.43m is 130 years.

- All 31 living Eucalytpus regnans HBT's with a DBH greater than 1.50m or that conform to “J3” (or greater) of Jacobs (1955) as displayed in Table 1. and Table. 2. and mapped in Figures 1a and b and Figures 2a and b. are of the requisite "Mountain Ash" species and meet one or more of the preceding interpretations of "maturity and/or senescence" and are arranged in a configuration of >4 HBT's per 3ha over an area >3ha.

- The areas indicated in Figures 1a and b and Figures 2a and b. and all possible polygons >3ha generated from the data in Table 1. and Table 2. must be included in the SPZ under this criterion.

Results 3Central Highlands Forest Management Plan - Leadbeater's Possum Management Prescriptions



- The data presented in Table 3. and its corresponding Figures 3a and 3b. display an area of forest of 3.1 hectares (the yellow polygon) that contains 13 living HBT's of the species Eucalyptus regnans within the scheduled and active logging coupe under consideration in this report.

- 13 living Eucalyptus regnans HBT's over 3.1 hectares equates to a density > 4.19 living-Eucalyptus regnans-HBT's/ha which is that which is required under the present criterion (>12 living-Eucalyptus regnans-HBT's/3ha equating to 4.19 living-Eucalyptus regnans-HBT's/ha).

- Each of the living Eucalyptus regnans HBT's within these polygons have DBH measurements equal to or greater than 1.50m and conform to “J3” (or greater) of Jacobs (1955).

- All the 13 living Eucalytpus regnans HBT's with a DBH greater than 1.50m as displayed in Table 3. and mapped in Figures 3a-b. are of the requisite "Mountain Ash" species and meet one or more of the preceding interpretations of "maturity and/or senescence" (see this report's ''Results 1 and 2'' section) and are arranged in a configuration of >4.19 HBT's per 3ha over an area >3ha.

- The area indicated in Figure 3a-b. and all possible polygons >3ha generated from the data in Table 3. must be included in the SPZ under this criterion.

14 ibid. p. 18215 ibid. p. 182

Figure D: The following image shows 13 of the 53 HBT's recorded within this investigation. The area shown is part of the “green polygon” generated for Figure 2d. The forest surrounding these trees has been cleared and burnt. The trees in the background are regrowth within an adjacent and previously logged coupe.

Results 4Central Highlands Forest Management Plan - Leadbeater's Possum Management Prescriptions



- The data presented in Table 4. and its corresponding Figures 4a and 4b. display an area of forest of 3.1 hectares (the yellow polygon) that contains 13 living HBT's of the species Eucalyptus regnans within the scheduled and active logging coupe under consideration in this report.

- 13 living Eucalyptus regnans HBT's over 3.1 hectares equates to a density > 4.19 living-Eucalyptus regnans-HBT's/ha which is that which is required under the present criterion (>12 living-Eucalyptus regnans-HBT's/3ha equating to 4.19 living-Eucalyptus regnans-HBT's/ha).

- Each of the living Eucalyptus regnans HBT's within these polygons have DBH measurements equal to or greater than 1.50m and conform to “J3” (or greater) of Jacobs (1955).

- All the 13 living Eucalytpus regnans HBT's with a DBH greater than 1.50m as displayed in Table 4. and mapped in Figures 4a-b. are of the requisite "Mountain Ash" species and meet one or more of the preceding interpretations of "maturity and/or senescence" (see this report's ''Results 1 and 2'' section) and are arranged in a configuration of >4.19 HBT's per 3ha over an area >3ha.

- The area indicated in Figure 4a-b. and all possible polygons >3ha generated from the data in Table 4. must be included in the SPZ under this criterion.

ConclusionsThe "results" and "discussion" sections of this report demonstrate that VicForests employees and contractors in scheduled and now active logging coupe 300-503-0003 plan to log and have commenced operations in areas required under both the "Central Highlands Forest Management Plan's Leadbeater's Possum Managaement Prescriptions" and the "Flora and Fauna Guarantee Act's Action Statement for Leadbeater's Possum #062" to be protected from logging by their inclusion in "Special Protection Zone" reserves.

In summary, these conclusions are drawn from the following;Flora and Fauna Guarantee Act - Action Statement for Leadbeater's Possum #062ZONE 1AThe first dot point - The oldest age class in the study location is "mature (>120 years old)" and exists in an area greater than 3 hectares.

- The study location indicated in Figure 1. and all possible polygons generated from the data in Table 1. must be included in the SPZ under this criterion.

The second dot point- At least 12 live hollow bearing trees per 3 ha exist within the study location for this criterion.

- The area indicated in Figure 1. and all possible polygons >3ha generated from the data in Table 1. must be included in the SPZ under this criterion, and;

Central Highlands Forest Management Plan - Leadbeater's Possum Management PrescriptionsZONE 1A- All 31 living Eucalytpus regnans HBT's with a DBH greater than 1.50m and/or conforming to the “mature”classification of Jacobs (1955) as displayed in Table 1. through to Table 4. and mapped in Figures 1.a and b. through to Figure 4. a and b. are of the requisite "Mountain Ash" species and meet one or more of the preceding interpretations of "maturity and/or senescence" and are arranged in a configuration of ≥ 4 HBT's per 3ha over an area >3ha.

- The area indicated in Figures 1. a and b. through to Figures 4. a and b. and all possible polygons >3ha generated from the data in Table 1. through to Table 4. must be included in the SPZ under this criterion, thus;

The Department of Sustainability and Environment (DSE) as the regulatory body governing forestry operations in Victorian State Forest must act to hold the responsible bodies accountable for such breaches and restrain VicForests employees and contractors from further breaching the regulatory framework.

In order that further breaches do not occur the DSE must ensure that VicForests employees and contractors do not log or plan to log any areas that must be set aside for the conservation of the endangered Leadbeater's Possum (Gymnobelideus leadbeateri).

Andrew LincolnFauna and Flora Research Collective Inc.

12/12/12

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